Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (11) TMI 115 - ITAT KOLKATARevision u/s 263 - unexplained cash credit - since the director did not appear before the ld. AO the entire amount has been added to the income of the assessee - Held that:- As argued before us that the AO has not made independent enquiry at his end to disprove the claim of the assessee company is really evident from the conduct of the AO which is placed before us. We find that the ld. CIT(A) also purposely overlooked such conduct of the AO and confirmed the same on the basis of the finding by the AO in a stereotyped manner without considering the relevant laws, the present legal position in the identical facts of the case, the judgements passed by this ld. Tribunal which has attained finality by the pronouncement of the Apex Court. Thus set aside the orders passed by the authorities below and restore the issue to the file of the AO to decide the same afresh positively upon making compliance of the guidelines/mandate as mentioned above in accordance with law. - Appeals of the assessee are allowed for statistical purposes.
|